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KAMLESH Vs. UNION OF INDIA THROUGH SECRETARY, DEPARTMENT OF POST
30.3.92 after noon regular appoint is made. Miss Kamlesh d/o Shri Sardar Singh, H. No. 147 Pooth Kalan, Delhi – 41 is offered the provisional appointment. She should clearly understand that the provisional appointment will be terminated when regular appointment is made and she shall have no claim for appointment to any...
0[ds]7. It is clear from the order of appointment of the appellant that she was provisionally appointed to the post of EDE. It was clarified in the appointment order itself that the provisional appointment will be terminated when regular appointment is made and that she shall have no claim for appointment to any post. ...
0
1,253
564
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: 30.3.92 after noon regular appoint is made. Miss Kamlesh d/o Shri Sardar Singh, H. No. 147 Pooth Kalan,...
KANWAR PAL SINGH Vs. THE STATE OF UTTAR PRADESH
raised by the appellant in the written submissions that the alleged theft of sand is not punishable under Section 379 read with Section 378 of the IPC as sand is an immovable property as per Section 3 (26) of the General Clauses Act. In the present case, sand had been excavated and was thereupon no longer an immovable ...
1[ds]5. We find the submission of the appellant to be untenable. In Sanjay (supra), a Division Bench of this Court had decided appeals preferred against the conflicting judgments of the Delhi High Court, Gujarat High Court, Kerala High Court, Calcutta High Court, Madras High Court and Jharkhand High Court on the questi...
1
4,065
2,268
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: raised by the appellant in the written submissions that the alleged theft of sand is not punishable under Section 379 read ...
Manke Ram Vs. State of Haryana
appellant in this case is that even if the prosecution case is to be accepted as presented, the appellant can only be held guilty of an offence punishable under Section 304 Part II of the IPC and the courts below have erred in not accepting this argument addressed on behalf of the appellant before them. In this regard,...
1[ds]6. Having perused the material on record and considering the arguments of the parties, we are inclined to agree with the argument addressed on behalf of the appellant. There is no doubt that Suraj Mal met a homicidal death on 17.11.1993 at Sangatpura Police Outpost consequent to gun shot fired by the appellant.The...
1
1,616
708
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: appellant in this case is that even if the prosecution case is to be accepted as presented, the appellant can only be held g...
Kr. Jyoti Sarup and Another Vs. Board of Revenue, U. P
and by the substantive part of sub-section (1) gives the assessee an option to adopt any one of the two methods; then comes the proviso which says that once the option is exercised, there can be no variation without the permission of the Board of Revenue. The appellants are seeking to read the words "in any one year" a...
0[ds]7. We are in agreement with the view, expressed by the High Court. It is indeed true, as has been pointed out by learned counsel for the appellants, that the Act like the Indian Income-tax Act, 1922, contemplates as assessment for each year on the income of the previous year. That does not necessarily mean that th...
0
2,440
784
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: and by the substantive part of sub-section (1) gives the assessee an option to adopt any one of the two metho...
Commissioner Of Income-Tax, Kerala Vs. Gemini Cashew Sales Corporation, Quilon
the true costs of trading in the particular year into account for that year and thus promotes the ascertainment of the annual profits or gains arising or accruing from the trade." Lord MacDermott was of the view that the provision made by the Company led to anomalies, and was not admissible as made, and the case should...
1[ds]That case can have no application to the present case6. In the view we take, that the allowance claimed is not a proper outgoing or allowance in computing the profits of the assessee, we do not express any opinion on the question whether the workmen of the undertaking became entitled to retrenchment compensation o...
1
3,317
722
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the true costs of trading in the particular year into account for that year and thus promotes the asc...
Mahendra Mills Ltd Vs. P.B. Desai, Appellate Assistant Commissioner of Income Tax and Anr
the closing stock of assessment year 1959-60 formed a part of the evidence re1evant to the assessment for the assessment year 1960-61, Thus to the extent of ascertaining the closing and opening stock positions, the two assessments telescoped into each other. Indeed, it was on this basis that the Appellate Assistant Com...
0[ds]13. The interpretation of the words "record of appeal" is not a matter which is res integra15. The observations of this Court, quoted above, fully apply to the facts of the case in hand. It will bear repetition that the closing stock for the assessment year 1959-60 as entered in the books of the assesses was Rs. 5...
0
3,603
718
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the closing stock of assessment year 1959-60 formed a part of the evidence re1evant to the assessment for the assessment ye...
Bansidhar Shankarlal Vs. Mohd. Ibrahim & Anr
Ramchandra Shukul (ILR 52 ALL 430) Roopnarain Ramchandra Private Ltd. v. Brahmapootra Tea Co. (India) Ltd. and Another. (65 Cal WN 1060)Section 171 of the Indian Companies Act, 1913 provided that -"When a winding up order has been made or a provisional liquidator has been appointed, no suit or other legal proceeding sh...
0[ds]8. Considering the question both on principle and authority we are unable to agree with the view expressed by the Calcutta High Court in Har Narain Misras case (supra) and in Godavari Sugar and Refineries Ltd. case (supra) by the Andhra Pradesh High Court.9.Counsel for the appellant, however, urged that this Court...
0
2,159
244
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: Ramchandra Shukul (ILR 52 ALL 430) Roopnarain Ramchandra Private Ltd. v. Brahmapootra Tea Co. (India) Ltd. and Another. (65 ...
Awadesh Kumar Jha @ Akhilesh Kumar Jha Vs. The State Of Bihar
basis of the evidence collected, the investigating officer has to form an opinion under Section 169 or 170 of the Code and forward his report to the Magistrate concerned under Section 173(2) of the Code.58.3. Even after filing of such a report, if he comes into possession of further information or material, there is no...
0[ds]23. From a bare perusal of second FIR, it is abundantly clear that both the appellants have furnished wrong information to the police as to their names,name and address during the course of investigation made on the first FIR. This Court is of the view that the offences alleged to have committed by them are mentio...
0
4,987
533
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: basis of the evidence collected, the investigating officer has to form an opinion under Section 169 or 170 of the Code an...
H.N. Jagannath & Others Vs. State of Karnataka & Others
evidenced by the Panchanama prepared as far back as 23.09.1986. Notification under Section 16(2) of the Land Acquisition Act was issued on 20.01.1987 disclosing the factum of taking possession of the land in question. Attempt made by respondent no. 4 for getting the disputed land de-notified has also failed as far back...
1[ds]The BDA has formed and allotted the sites. Most of the allottees have constructed houses and are residing peacefully. However, respondent no. 4 still contends that possession has remained with it and therefore the acquisition needs to be set aside and that the land should beAs detailed supra, respondent no. 4 has ...
1
3,432
742
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: evidenced by the Panchanama prepared as far back as 23.09.1986. Notification under Section 16(2) of the Land...
Mulamchand Vs. State of Madhya Pradesh
(3) were mandatory and the contracts were therefore void and not binding on the Union of India which was not liable for damages for breach of the contracts. The same principle was reiterated by this Court in a latter case - State of West Bengal v. B. K. Mondal and Sons, 1962 Supp (1) SCR 876 = (AIR 1962 SC 779 ).The pr...
0[ds]6. In our opinion, the reasoning adopted by the trial court and by the High Court for rejecting the claim of the appellant is not correct. It is now well established that where a contract between the Dominion of India and a private individual is not in the form required by Section 175 (3) ofthe Government of India...
0
3,983
479
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: (3) were mandatory and the contracts were therefore void and not binding on the Union of India which ...
Ramachanrappa Vs. Manager,Royal Sundaram Allian.Co.Ltd
evidence and assessment, the Tribunal may find that the percentage of loss of earning capacity as a result of the permanent disability, is approximately the same as the percentage of permanent disability in which case, of course, the Tribunal will adopt the said percentage for determination of compensation. (See for ex...
1[ds]14. In the instant case, it is not in dispute that the appellant was aged about 35 years and was working as a Coolie and was earning `4500/- per month at the time of accident. This claim is reduced by the Tribunal to a sum of `3000/- only on the assumption that wages of the labourer during the relevant period viz....
1
3,116
855
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: evidence and assessment, the Tribunal may find that the percentage of loss of earning capacity as a result o...
State of Maharashtra Vs. Prabhakarrao
(1) Leave granted. (2) The State of Maharashtra and the police inspector, Anti Corruption Bureau, Jalna, have filed this appeal assailing the judgment passed by the Bombay High Court quashing the first information report FIR No. 3001 of 2000 dated 9/2/2000, registered at the police station, Ashti, Taluk Partur, Jalna, ...
1[ds](7) In the context of the facts and circumstances of the case, we are of the view that it will be appropriate that the trial court should consider the question if it is raised by any party. The judgment under challenge being unsustainable is set aside. Parties are given liberty to raise the question of maintainabi...
1
1,044
207
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: (1) Leave granted. (2) The State of Maharashtra and the police inspector, Anti Corruption Bureau, Jalna...
Ajaykant Ruia and Another Vs. The State of Maharashtra and Others
Act assumes significance. Can a Company registered under the Companies Act be attributed with the same amount of credulity, innocence and unsuspecting animus which an ordinary person may exhibit in the face of an irresistible offer of financial benefit. The nature and structure of the corporate governance suggests othe...
1[ds]6. We have given our anxious consideration to the rival submissions canvassed across the bar. To begin with, we are not persuaded to throw the challenge overboard on the count of locus of the petitioner, raised by the learned Special P.P. Indisputably, the petitioner has been arraigned as an accused in Special MPI...
1
8,226
1,345
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: Act assumes significance. Can a Company registered under the Companies Act be attributed with the same amount of credulity...
State Of Madras Vs. S. Padmanabhan Etc. January 21, 1971
withdrawing the exemption from sales tax or the reductions, in rates of sales tax so far granted under the Madras General Sales Tax Act 1939, and such of them as have been decided to be continued from 1st April 1959 are specified in the notifications annexed to this order : 2. The notifications annexed to this order wi...
1[ds]3. Section 3 provides for the levy of taxes on sale or purchase of goods. Under the first proviso to subsection (1) of that section it was expressly laid down that in case of goods specified therein which included fresh fruits the rate of tax would be 1% on the turnover of a dealer whose total turnover for a year ...
1
1,315
489
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: withdrawing the exemption from sales tax or the reductions, in rates of sales tax so far granted under the M...
VITHALDAS JAGANNATH KHATRI (D) THROUGH SMT. SHAKUNTALA ALIAS SUSHMI Vs. THE STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT
in contravention of Section 8, it is not liable to be included in the ceiling holding of the appellant. (emphasis supplied) This judgment is important in that it delineates the scope of Section 18(l) of the 1961 Act, and confines it to calculating ceiling area and de- limiting surplus land, albeit by the application of...
1[ds]16. On a conspectus of the provisions of the 1961 Act that have been set out hereinabove, what becomes clear is that transfers or partitions of land made in anticipation of or in order to avoid or defeat the 1972 Amending Act were to be ignored in calculating ceiling limits. This was so laid down by the Amending A...
1
9,939
1,028
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: in contravention of Section 8, it is not liable to be included in the ceiling holding of the appe...
Unni Krishnan, J.P. and others etc. etc Vs. State of Andhra Pradesh and others etc. etc
and / or affiliation is not a matter of course nor is it a formality. Admission to the privileges of a University is a power to be exercised with great care, keeping in view the interest of the general public and the nation. It is a matter of substantial significance - the very life blood of a private educational insti...
1[ds]143. It is thus well established by the decisions of this Court that the provisions of Parts VII and IV are supplementary and complementary to each other and that Fundamental Rights are but a means to achieve the goal indicated inIt is also held that the Fundamental Rights must be construed in the light of the Dir...
1
46,753
5,498
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: and / or affiliation is not a matter of course nor is it a formality. Admission to the privileges of a Univ...
Oriental Insurance Company Limited Vs. Smt.Archana Bhupendra Jahagirdar & Others
not proved that bonus of Rs.8,50,949/- received by the deceased was on the basis of his performance. Thus, his submission is that the Tribunal has committed a blatant error by taking the yearly income of the deceased at Rs.11,09,000/-. He, therefore, submitted that the compensation granted by the Tribunal is exorbitant...
0[ds]7. The deceased was well qualified and was a permanent employee of a reputed company who had already worked for 9 years for the said company. Following the decision of the Apex Court in the case of Sarla Verma (supra), 50% of the amount will have to be added to his income towards the future prospects of increase i...
0
1,566
454
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: not proved that bonus of Rs.8,50,949/- received by the deceased was on the basis of his performance. Thus, h...
P.S. Somanathan Vs. District Insurance Officers
the calculation as to what the capital sum, if invested at a rate of interest appropriate to a stable economy, would yield by way of annual interest. In ascertaining this, regard was also to be had to the fact that ultimately the capital sum would also be consumed-up over the period for which the dependency was expecte...
1[ds]21. For the purpose of calculating the multiplier, the High Court held that mother was the real legal representative and others could not claim to be the legal representatives of the deceased, and accordingly applied a multiplier of 5, whereas the Tribunal had calculated compensation by considering a multiplier of...
1
2,619
301
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the calculation as to what the capital sum, if invested at a rate of interest appropriate to a stable...
Shri Vallabharaya Swami Varu (Deity) of Swarna, Represented By Its Executive Officer Vs. Deevi Hanumancharyulu and Others
Chandrachud, C.J. 1. The question for determination in this appeal is whether the property described in items 1 to 5 of Schedule A to the plaint was granted in favour of the temple as contended on behalf of the plaintiff or whether it was granted in favour of the ancestors of the Archakas, burdened with service, as con...
0[ds]5. We, therefore, agree with the judgment of the High Court and the trial Court that the property described in items 1 to 5 of Schedule A to the plaint belongs, not to the plaintiff temple but to the defendants, the Archakas, though of course the property is burdened with service and shall continue to remain with ...
0
706
82
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: Chandrachud, C.J. 1. The question for determination in this appeal is whether the property described in item...
N.Suresh Vs. Yusuf Shariff
of Kowdle Post Office (as deposed by appellant and corroborated by P.W.6, Thimmaiah, Postman)Rs. 2,495/- p.m. TotalRs. 10, 995/- Therefore, it can safely be stated that the appellant was earning minimum Rs.8,500/- per month prior to the accident. 17. The PW.3, Doctor deposed that the right leg is 90% disabled and is pe...
1[ds]17. The PW.3, Doctor deposed that the right leg is 90% disabled and is permanently paralysed. The leg is amputated. Apart from this, his face has been deformed and is disabled to the extent of 50% to 60%, due to which he is not in a position to open his mouth fully. Therefore, it can safely be stated that the appe...
1
3,322
945
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: of Kowdle Post Office (as deposed by appellant and corroborated by P.W.6, Thimmaiah, Postman)Rs. 2,495/...
Rajammal And Anr Vs. Mookan @ Peria Perumal Theval & Ors
existence at the time a donation was made its acceptance by the Tahsildar or Deputy Tahsildar later on after the commencement of the Act, (as in the case in hand), by virtue of the deeming provision, the Act shall be deemed to be in existence on the date of the donation. Sub-section (4) had made a similar deeming provi...
0[ds]Section 23 made the order of Tahsildar or Deputy Tahsildar under sub-section (4) of Section 17, final and not subject to appeal or revision. An aggrieved party however was not without remedy. Under the proviso of section 23, any person whose interest was affected as a result of the donation to the Bhoodan Yagna, w...
0
2,830
492
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: existence at the time a donation was made its acceptance by the Tahsildar or Deputy Tahsildar later o...
KERALA STATE ROAD TRANSPORT CORPORATION Vs. BABY P.P
It was held by this Court in U.P. SRTC and another vs. Sanjida Bano and others, reported in (2005) 10 SCC 280, that irrespective of the number of buses and trips undertaken by the STU, the fact that it is plying its vehicles on the notified route precludes others from taking the benefit of the proviso to Section 104 of...
1[ds]18. Since the Scheme on hand partially excludes private stage carriage operators on the notified route, the same is to be adhered to. It is necessary in the public interest that road transport services on notified routes should be run and operated by the STU to the complete or partial exclusions of private stage c...
1
8,950
1,824
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: It was held by this Court in U.P. SRTC and another vs. Sanjida Bano and others, reported in (2005) 10 SCC 280, tha...
Wipro Products Limited Vs. Union of India
to the petitioners that the petitioners had failed to produce any evidence to establish that the containers were in fact return to them. By letter dated April 28, 1979, copy of which is annexed as Exhibit b to the petition, the Superintendent, Central Excise, informed that the checking gate passes for the period from D...
1[ds]In paragraph 4 of the return it is claimed that as per the data available with the excise authorities the petitioners have sold by many as 80 lakhs containers science 1978 and the containers received back are 4303. The retain claims that the circular issued by the petitioners cannot be claimed to be a term of sale...
1
1,703
722
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: to the petitioners that the petitioners had failed to produce any evidence to establish that the container...
Fertilizer Corpn. Of India Vs. Sarat Chandra Rath
of the revised pay scale of Rs. 1580-2842 (instead of the old scale of Rs. 915- 1520) and were also paid arrears for the said period on the revised basis. For the period subsequent to the date of their placement in the officers scale the said respondents actually continued in the officers unrevised pay scale of Rs. 960...
1[ds]19. From the facts enumerated hereinabove it is quite evident that the question of discrimination or violation of Article 14 of the Constitution does not really arise in the present case.20. From the facts stated hereinabove it cannot be disputed that respondents 1 to 23 as on 1st January, 1987 had not acquired th...
1
4,194
592
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: of the revised pay scale of Rs. 1580-2842 (instead of the old scale of Rs. 915- 1520) and were also p...
Delhi Cloth And General Mills Co., Ltd Vs. Shri Rameshwar Dyal And Anr
further ordered that in case the management railed to take him back, they would pay him his full wages with effect from the date he reported for duty.6. Thereupon the appellant-mills filed a writ petition before the High Court. Their main contention before the High Court was two-fold. In the first place it was urged th...
1[ds]7. The same two points which were raised in the High Court have been urged before us. We are of opinion that it is not necessary in the present case to decide the first point because we have come to the conclusion that the interim order of May 16, 1957, is manifestly erroneous in law and cannot be supported. Apart...
1
2,753
768
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: further ordered that in case the management railed to take him back, they would pay him his full wages with effect from th...
Brooke Bond India Ltd Vs. The Workmen
the settlement; on such construction it was contended that the office bearers of the Union who signed the agreement were not specifically authorised to do so. This construction of Rule 62(2)(b) was rightly rejected by the Tribunal. But neither Rule 58 of the Central Rules nor Rule 62 of the Bombay Rules contains anythi...
0[ds]5. It cannot be disputed that unless the office bearers who signed the agreement were authorised by the executive committee of the union to enter into a settlement or the constitution of the union contained a provision that one or more of its members would be competent to settle a dispute with the management, no a...
0
3,301
601
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: the settlement; on such construction it was contended that the office bearers of the Union who signed the ...
Desh Raj Gupta Vs. Industrial Tribunal Iv, U.P., Lucknow and Another
of justification of the impugned punishment by fresh, materials could arise only if the management had applied to the court for permission to justify the punishment and, in the absence of such a prayer, the Tribunal did not have the power to call upon the employer to do so. In order to proceed further with the Referenc...
1[ds]( 8. ) Analysing the situation, it appears that by asking the respondent to justify the punishment by adducing additional evidence, the Tribunal merely reminded the employer of his rights and the employer promptly availed of the opportunity. We do not find any illegality in the course adopted which could vitiate t...
1
1,684
263
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: of justification of the impugned punishment by fresh, materials could arise only if the management had applied to...
Inder Sain Jain Vs. State of Punjab
and also fabricated false accounts. The necessary charges were framed and several witnesses were examined on behalf of the prosecution. The appellant denied the allegation and pleaded that the Excise and Taxation Department raided the premises of the Company at Jullundur on 10-6-1971 and seized goods and that the appel...
0[ds]7. The learned Sessions Judge while setting aside the order of conviction, mainly relying on the avernments in the pleadings in the civil suit has observed categorically that the prosecution laid the good evidence to prove the signatures on the receipts made by the appellant in token of the payments received by hi...
0
1,675
460
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: and also fabricated false accounts. The necessary charges were framed and several witnesses were examined on behalf of the...
Ramchandra Shankar Deodhar & Ors Vs. The State Of Maharashtra & Ors
the efficiency of the police force of these ranks and is designed with that object" On this reasoning the Court negatived the constitutional challenge to the validity of the system of promotion. 17. It will be seen from this analysis of the reasoning of the decision in Ram Sarans case, (1964) 7 SCR 228 = (AIR 1964 SC 1...
1[ds]Here, as admitted by the State Government in paragraph 55 of the affidavit in reply, all promotions that have been made by the State Government are provisional and the position has not been crystallised to the prejudice of the petitioners. No rights have, therefore, accrued in favour of others by reason of the del...
1
10,955
2,732
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the efficiency of the police force of these ranks and is designed with that object" On this reasoning the Court negatived ...
U.P. State Co-Operative Land Development Bank Limited Vs. Chandra Bhan Dubey And Ors
lie in demarcating the frontier between the public law domain and the private law field. The question must be decided in each case with reference to the particular action, the activity in which the State or the instrumentality of the State is engaged when performing the action, the public law or private law character o...
1[ds]20. We also find from the Service Rules that the Managing Director and Chief General Manager of the appellant are officials of the State sent on deputation to the appellant. These two officers are at the helm of the affairs of the appellant. It is difficult to imagine a situation where a Government sends one of it...
1
7,705
1,010
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: lie in demarcating the frontier between the public law domain and the private law field. The question must be decided in e...
KUNJAN SADANA Vs. MAHESH KUMAR
of Delhi, in MAC Appeal No.479 of 2009 wherein the High Court has partly allowed the appeal and consequently enhanced the amount of compensation from Rs 3,72,620/- to Rs 5,02,620/-. The appellants have filed this appeal, seeking further enhancement of the compensation. 4. The appellants are the widowed mother and the y...
1[ds]8. The High Court while enhancing the compensation, did not consider the future prospects of the deceased. The material on record makes it evident that the deceased was self-employed. The Constitution Bench of this Court in National Insurance Company Limited v. Pranay Sethi and Others(2017) 16 SCC 680 , has cons...
1
1,191
656
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: of Delhi, in MAC Appeal No.479 of 2009 wherein the High Court has partly allowed the appeal and consequently enhanced the ...
The Special Land Acquisition Officer, Bangalore Vs. T. Adinarayan Setty
of the enquiry before them when they imported these considerations into the question of valuation.We further think that the High Court committed an error of principle in arriving at the figure Rs. 13-8 and the error was committed by adopting a wrong method in ascertaining the market value of the land at the relevant ti...
1[ds]6. In view of the facts of this case and the opinion which we have formed after hearing learned counsel for both parties, we do not think it necessary to make any final pronouncement as to the practice which this Court should adopt in a valuation case where two courts have differed. We are content to proceed in th...
1
3,675
1,742
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: of the enquiry before them when they imported these considerations into the question of valuation...
MS. X Vs. REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND ANOTHER
circumstances in which she was left with no option but to resign. The petitioner thereafter had also pursued a writ petition before this Court. Thereafter, she had participated in the proceedings before the JIC and after the JIC expressed its opinion, that it would be in the interest of justice that she should be re-in...
1[ds]29. Before we consider the rival submissions, we clarify that we are not examining the correctness or otherwise of the decisions of the Full Court of the MP High Court dated 11th January 2018 and 15th February 2019. We are conscious of the fact that the scope of judicial review of a decision of the Full Court of a...
1
17,689
8,567
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: circumstances in which she was left with no option but to resign. The petitioner thereafter had also pursued a writ petiti...
Raj Steel & Ors. Etc. Etc Vs. State Of A.P. & Anr. Etc. Etc
are sold independently, the packing material is liable to tax on its own footing. Whether a transaction for sale of packing material is an independent transaction will depend upon several factors, some of them being: 1. The packing material is a commodity having its own identity and is separately classified in the Sche...
1[ds]11. In the appeals before us, we find that the High Court has proceeded on the assumption that the transactions are covered by trade practice and having regard to the nature of the goods it has inferred that what is charged is the price of the bottled beer or of cement packed in gunny bags, and reference has also ...
1
3,857
1,142
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: are sold independently, the packing material is liable to tax on its own footing. Whether a transaction for sale ...
Cawnpore Tannery Limited, Kanpur Vs. S. Guha & Others
award by preferring an appeal before the Labour Appellate Tribunal. This appeal, however, failed, because the Appellate Tribunal agreed with the findings recorded by the original Tribunal. It is this decision of the Labour Appellant Tribunal which has given rise to the present appeal by special leave.3. Mr. Sen for the...
0[ds]3. Mr. Sen for the appellant has urged before us three points. He contends that there was and could be no industrial dispute between the appellant and the respondents in regard to the retrenchment of Mr. Guha, because Mr. Guha had been retrenched as long ago as May 1951, and had ceased to be the workman of the app...
0
1,522
986
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: award by preferring an appeal before the Labour Appellate Tribunal. This appeal, however, failed, because the Appellate Tri...
U.P. State Electricity Board Vs. Banaras Electric Light and Power Co. Ltd
D.P. Mohapatra, J.The controversy raised in these appeals relates to the validity of appointment of arbitrator by the Banaras Electric Light and Power Company Ltd. (for short `the company), respondent herein. The High Court of Calcutta having upheld the appointment made by the company and extended the time of submissio...
1[ds]6. In view of the decisions rendered by this Court in thecases, the judgment of the Division Bench of the Calcutta High Court in the case of U.P. State Electricity Board v. Upper Jamuna Valley Electricity Company Ltd. and Ors. (supra) has to be held to be no longer good law and consequentially the judgment under c...
1
1,090
220
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: D.P. Mohapatra, J.The controversy raised in these appeals relates to the validity of appointment of arbitrator by the Ban...
PRATAP MEHTA Vs. SUNIL GUPTA
must stand dismissed with costs.? 31. The above decision in no manner support the case of the appellant rather it reiterates that the High Court under Articles 226 and 227 can interfere with an arbitrary order passed by an authority. The next judgment relied by the appellant is Constitution Bench judgment of this Court...
0[ds]18. A conjoint reading of the aforesaid Rules indicate that for holding election of a member of Bar Council of India to be elected by State Bar Council, notice and agenda has to be issued by the Secretary of the State Bar Council, which is a statutory requirement. There is no issue between the parties regarding th...
0
8,087
1,217
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: must stand dismissed with costs.? 31. The above decision in no manner support the case of the appellant rather it reiterate...
Uttamchand Vs. S.M. Lalwani
by a roof irrespective of the purpose for which it is used and let, is a building within the meaning of the Act".The learned Judge has also remarked that so to construe the Act would bring within its operation all factories and mills which are invariably located in buildings. The question in each case would be what is ...
0[ds]11. As we have already noticed, S. 3 (a) (y) (3) takes within the definition of accommodation any building or part of a building, including any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof. There can be no doubt that the fittings of the machinery in the present ...
0
3,409
953
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: by a roof irrespective of the purpose for which it is used and let, is a building within the meaning of the Act".T...
Commissioner of Agricultural Income Tax, U.P Vs. M. L. Bagla (And Others Cases)
of the two lessees as income of an association of individuals. That order of the Commissioner was confirmed by the Board of Agricultural Income-tax, U.P. The following question was then referred by the Board to the High Court " Whether, on the facts and in the circumstances of the case, the two owners can be assessed a...
0[ds]In our view, these observations of the High Court are not supported by the findings recorded by the Board of AgriculturalThe only facts found by the Board are that the lessees had appointed a common manager, that common accounts were maintained, and that the net profits, after deducting from the receipts, expendit...
0
1,315
268
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: of the two lessees as income of an association of individuals. That order of the Commissioner was confirmed by th...
Kolhapur Sugar Mills, Limited Vs. S Syed Taki Bilgrami
the purpose of deciding the point which we are not considering. Sri narayanaswami draw our attention to a decision of a Full Bench of our High Court in the case of bai Kokllabai v. Keshavlal Mangaldas and Co. [43 B. L. R. 985 at 990], but the facts of that case were so clear that we do not think it necessary to discuss...
0[ds]( 13 ) HAVING analysed the three questions that arise for our determination, we will proceed to consider each one of them in the order mentioned above. As far as the first question mentioned by us in the preceding paragraph is concerned, it was sought to be contended by Sri narayanaswami that the connexion which i...
0
7,448
3,444
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: the purpose of deciding the point which we are not considering. Sri narayanaswami draw our attention to a decision of a F...
Commissioner Of Income-Tax Vs. Patel Brothers & Co. Ltd, Etc. Etc
& Sons v. CIT of the Allahabad High Court which has been referred and followed in subsequent decisions of other High Courts taking the view in favour of the Revenue. In this line of cases are the decisions of the High Courts of Punjab and Haryana, Patna and Kerala. The other line of cases wherein the view taken is in f...
1[ds]14. In our opinion, the construction we have made of the provision as it existed during the relevant period flows not merely from the language of the provision but also matches with the object thereof. It means that the expenditure incurred by the assessees in providing ordinary meals to the outstation customers a...
1
4,178
684
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: & Sons v. CIT of the Allahabad High Court which has been referred and followed in subsequent decisions of ot...
Rangammal Vs. Kuppuswami & Another
she was a minor before this property could be included in the suit for partition between the brothers excluding the 2nd defendant/appellant Rangammal and the consequence of not doing so or delay in this regard, obviously will have to be attributed to the plaintiff/respondent. 28. Thus, the High Court fell into a clear ...
1[ds]whole case out of which this appeal arises had been practically made a mess by missing the basic principle that the suit should be decided on the basis of the pleading of the contesting parties after which Section 101 of The Evidence Act would come into play in order to determine on whom the burden falls for provi...
1
6,120
553
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: she was a minor before this property could be included in the suit for partition between the brot...
Rupinder Singh Sodhi And Another Vs. Union Of India And Others
CHANDRACHUD, C.J. 1. By these writ petitions, the petitioners, some of whom are practising lawyers and some Members of the Parliament, ask for an appropriate writ directing the State of Haryana and the State of Uttar Pradesh to remove all obstructions on the highways and to allow unhindered and unintercepted the use of...
1[ds]Having given our anxious consideration to the submissions made by Mr. Hardev Singh, we agree that no one is entitled to barricade a highway so as to prevent members of the public from using it while they are on their lawful business in the pursuit of normal avocations of life. But the police, whose duty it is to e...
1
832
534
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: CHANDRACHUD, C.J. 1. By these writ petitions, the petitioners, some of whom are practising lawyers and some Members of the P...
Srish Chandra Sen (Deceased) And Others Vs. The Commissioner Of Income-Tax, West Bengal
to land revenue. Similarly, the decision of this Court in The Collector of Bombay v. Nusserwanji Rattanji Mistri, 1955-1 SCR 1311 : (S) AIR 1955 SC 298 ), where on the acquisition of some Foras lands held under Foras Land Act (Bombay Act, VI of 1851) the Foras tenure was declared to have come to an end and on the same ...
0[ds]It is an admitted fact that by payment of a lump sum the liability to pay land revenue was redeemed and no land revenue was demanded or was ever demandable from the Justices or their assigns in perpetuity. The contention of the assessee is that this redemption saved the Justices from the liability for payment but ...
0
4,230
774
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: to land revenue. Similarly, the decision of this Court in The Collector of Bombay v. Nusserwanji Rattanji Mistri, 1955-1 S...
Graphite India Ltd Vs. Durgapur Projects Ltd
came, viz., test of prejudice or the rest of fail hearing as it may be called." 24. In Rajendra Singh v. State of M.P. & others, 1996(5) SCC 460 this Court again affirmed that even a mandatory provision which is in the interest of the party can be waived by the party himself but if it is in public interest, it cannot b...
0[ds]26. Under Section 57 of the Supply Act the Sixth Schedule is applicable to a licensee. This Schedule has been made applicable to a sanction holder under the terms of the sanction. Third proviso to the Sixth Schedule provides that the licensee shall not enhance the charges for the supply of electricity until after ...
0
9,642
844
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: came, viz., test of prejudice or the rest of fail hearing as it may be called." 24. In Rajendra Singh v. State of ...
State Of Mysore Vs. C. R. Seshadri & Ors
the criterion for promotion is one of seniority-cum-merit, comparative merit may have to be assessed if length of service is equal or an outstanding junior is available for promotion. On the facts before us, there is no reason to regard the petitioners eligibility on merit for Deputy Secretaryship to be denied or delay...
0[ds]We direct the appellant to apply to the first respondent the same rule of promotion as was applied to Venkataraman and to be fair enough not to act adversely without giving him an opportunity. In the light of the States reluctance to produce the rule we almost think the High Court order is substantially just. Even...
0
1,800
1,571
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: the criterion for promotion is one of seniority-cum-merit, comparative merit may have to be asses...
K.M. Shivakumar Vs. H.V. Vijayaraghavan & Another
Leave granted. These appeals by special leave arise out of a contempt proceedings filed by H.V. Vijayaraghavan, respondent No.1 herein, for alleged violation of the order of the High Court dated 18.11.2005 which is in the following terms: "Having regard to the nature of the grievance made by the petitioners in the peti...
1[ds]Our attention in this connection has also been drawn to an order dated 27.2.2007 passed by this Court in C.A. No.1113/2007 wherein the Company has been held to be a party in the contempt proceeding.
1
884
41
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: Leave granted. These appeals by special leave arise out of a contempt proceedings filed by H.V. Vijay...
Commissioner of Customs & Central Excise, Nagpur Vs. M/s. Ispat Industries Ltd
transferred from the seller to the buyer. The charges which are to be added have put up to the stage of the transfer of that ownership inasmuch as once the ownership in goods stands transferred to the buyer, any expenditure incurred thereafter has to be on buyers account and cannot be a component which would be include...
0[ds]17. It is clear, therefore, that as a matter of law with effect from the Amendment Act of 28.9.1996, the place of removal only has reference to places from which the manufacturer is to sell goods manufactured by him, and can, in no circumstances, have reference to the place of delivery which may, on facts, be then...
0
9,262
1,355
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: transferred from the seller to the buyer. The charges which are to be added have put up to the stage of the t...
HARDEV SINGH & ORS Vs. PRESCRIBED AUTHORITY, KASHIPUR & ANR
case of Escorts Farms Ltd., Previously Known As M/S. Escorts Farms (Ramgarh) Ltd. Vs. The Commissioner, Kumaon Division, Nainital, U.P. And Ors. (2004) 4 SCC 281 , and has been answered as under :- 33. The Statement of Objects and Reasons for amending Section 2 of the Govt. Grants Act, 1895 by UP Amendment Act of 1960 ...
0[ds]21. The terms of the grant go to show that 4805 acres of land situated in Pargana Bazpur, District Nainital, were leased out to the Government Lessee.22. Condition No. 9 of the Grant lays down the conditions to be fulfillled in the event of lessee transferring the lease land or a portion thereto except transfer by...
0
6,062
1,732
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: case of Escorts Farms Ltd., Previously Known As M/S. Escorts Farms (Ramgarh) Ltd. Vs. The Commissioner, Kuma...
The Dominion Of India And Another Vs. Shrinbai A. Irani And Another
were to expire on 30-9-1946 and it would not be at all necessary to make any provision for the continuance of such requisitions, because they could never have been intended to be continued.17. While recognising the force of this argument it is however necessary to observe that although ordinarily there should be close ...
1[ds]It is clear from the preamble as also Cl. 3 of the Ordinance that the occasion for the enactment of the Ordinance was the impending expiration of the Defence of India Act,1939 and the rules made thereunder. All the requisition orders which had been made under the Act and the rules would have ceased to be operative...
1
3,391
899
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: were to expire on 30-9-1946 and it would not be at all necessary to make any provision for the continuance of such requisi...
Walter Bau Ag, Legal Successor, of the Original Contractor, Dyckerhoff & Widmann A.G Vs. Municipal Corporation of Greater Mumbai & Another
appoint an arbitrator. The respondent Corporation pursuant to the said communication of the ICADR appointed Mr. Justice (Retd.) A.D. Mane as its arbitrator by communication dated 3rd July, 2014. Thereafter, this application/petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short "the Arbit...
1[ds]9. Unless the appointment of the arbitrator is ex facie valid and such appointment satisfies the Court exercising jurisdiction under Section 11(6) of the Arbitration Act, acceptance of such appointment as a fait accompli to debar the jurisdiction under Section 11(6) cannot be countenanced in law. In the present ca...
1
2,929
520
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: appoint an arbitrator. The respondent Corporation pursuant to the said communication of the ICADR app...
Union Of India Vs. Bashirbhai R. Khiliji
cases.NOTE 1.- No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the Head of his Office or Department is aware of the intention of the applicant to appear before the Medical Authority. The medical authority shall also be supplied b the Head of the Office...
1[ds]There is no two opinion in the matter the respondent while serving at height has suffered 100 per cent invalidity. He has already been granted Rs.1000/per month out of the risk fund which is specially reserved for such disability. But so far as the question of granting invalid pension is concerned, that cannot be ...
1
2,156
213
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: cases.NOTE 1.- No medical certificate of incapacity for service may be granted unless the applicant produces a let...
Arulayi Nadachi Selvi Ammal Nadachi (Dead) By L.Rs Vs. Selvi Ammal Nadachi Maria Arulayi Nadachi (Dead) By L.Rs
the other items excluding 1 (which I have given to you today with full rights), after my lifetime you can take possession of No. 1 above, she should be in management of them and enjoy them in that capacity. After her lifetime, Nos. 2 and 3 above will take those properties with full rights including powers of alienation...
1[ds]We do not think that Clause 4 can be read in the way suggested by the learned Counsel for the first respondent. The opening paragraph of the settlement deed makes it quite clear that the properties were given to the first defendant and her two daughters absolutely subject to the terms set out in the five clauses t...
1
2,713
95
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: the other items excluding 1 (which I have given to you today with full rights), after my lifetime you can tak...
Commissioner of Income Tax Vs. Bhurangya Coal Company
On behalf of the Appellant, it is stated that the question as to what are immovables and what are movables, arises only on the Judgment of the Tribunal and that therefore an opportunity ought to be given for an investigation of this aspect of the question. We are not impressed by this argument. Surely, before the Tribu...
0[ds]On behalf of the Appellant, it is stated that the question as to what are immovables and what are movables, arises only on the Judgment of the Tribunal and that therefore an opportunity ought to be given for an investigation of this aspect of the question.We are not impressed by this argument. Surely, before the T...
0
1,902
600
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: On behalf of the Appellant, it is stated that the question as to what are immovables and what are movab...
M/S. Girnar Traders Vs. State Of Maharashtra
has to be moved under clause (c) of Section 126(1) which should culminate into a declaration under Section 6 of the LA Act. As per the proviso to sub-section (2) of Section 126, the maximum period permitted between the publication of a draft regional plan and declaration by the Government in the Official Gazette under ...
1[ds]37. In view of our decision on the interpretation and applicability of Section 127 of the MRTP Act to the facts of the present case, the appellants are entitled to the relief claimed, and the other question argued on the applicability of the newly inserted Section 11A of the LA Act to the acquisition of land made ...
1
23,699
80
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: has to be moved under clause (c) of Section 126(1) which should culminate into a declaration unde...
RANI Vs. NATIONAL INSURANCE COMPANY LTD
also for further enhancement of compensation amount. Similarly, Anand, the injured pillion rider, has also filed a separate appeal challenging the decision of the High Court in restricting the liability to pay compensation amount to that of the owner of the offending vehicle but also on the quantum of compensation amou...
1[ds]11. Taking the appeal filed by the legal representatives of the deceased (Satish) first, as mentioned earlier, they did not file any appeal challenging the award passed by the Tribunal determining the compensation amount payable to them at Rs.4,53,000/(Four Lakh Fifty Three Thousand only) with interest at the rate...
1
3,314
855
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: also for further enhancement of compensation amount. Similarly, Anand, the injured pillion rider, has also filed ...
State of Tamil Nadu Vs. Mc. Dowell and Company Limited, Madras
to show the price, the tax payable thereon and the deposits for assessee in its turn, similarly charged its customers. The rate of deposit at which the assessee was charged by U.B. and the rate at which assessee charged its customers were same. The same procedure was followed year after year. From time to time, the rat...
0[ds]We are of the view that the High Court in the facts of this case, has come to a correct decision. The bottles were supplied initially by U.B. to the assessee who was a distributor. The finding of fact by the Tribunal is that the assessee had to deposit certain amounts for taking delivery of the liquor in bottles. ...
0
1,176
450
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: to show the price, the tax payable thereon and the deposits for assessee in its turn, similarly charged...
K.P.G. Nair Vs. Jindal Menthol India Limited
The appellant challenges the validity of the order passed by the High Court of Delhi in Criminal Miscellaneous Petition No. 3179 of 1999, dated December 16, 1999. By the said order, the High Court dismissed the petition filed by the appellant under section 482 to quash the criminal proceedings emanating from the compla...
1[ds]It is true, as submitted by Mr. Arora that the words of section 141(1) need not be incorporated in a complaint as magic words but it cannot also be disputed that substance of the allegations read as a whole, should answer and fulfil the requirements of the ingredients of the said provision (for being proceeded aga...
1
1,099
182
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: The appellant challenges the validity of the order passed by the High Court of Delhi in Criminal Miscellaneous Petition No...
MALLURU MALLAPPA(D) THR. LRS Vs. KURUVATHAPPA & ORS
judgment of the first appellate court must display conscious application of mind and record findings supported by reasons on all issues and contentions [see: Santosh Hazari v. Purushottam Tiwari (Deceased) By Lrs. (2001) 3 SCC 179 , Madhukar and others v. Sangram and Others (2001) 4 SCC 756 , B. M. Narayana Gowda v. Sh...
1[ds]19. It is clear from the above provisions and the decisions of this Court that the judgment of the first appellate court has to set out points for determination, record the decision thereon and give its own reasons. Even when the first appellate court affirms the judgment of the trial court, it is required to comp...
1
2,382
551
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: judgment of the first appellate court must display conscious application of mind and record findings supported by reasons ...
Mckenzie & Co. Ltd Vs. Its Workmen And Others
Appellate Tribunal barred the fight of the management of the appellant company to start a fresh enquiry in respect of the same incident which formed the subject-matter of the previous enquiry. There is no force in this contention, which seems to be based on a misapprehension as to the nature and scope of proceedings un...
1[ds]It is not necessary to go into the first question because, in our opinion, the second question raised is well founded. The principles which govern the power of an Industrial Tribunal to interfere with the decision of the employer following an enquiry made by him were laid down by this Court in Indian iron and Stee...
1
5,074
1,626
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: Appellate Tribunal barred the fight of the management of the appellant company to start a fresh enquiry in ...
A.L. Panian Shanmugam and Others Vs. State of Andhra Pradesh
of business and took possession thereof as per the instructions contained in the consignors notes Annexures C and D dated April 27, 1986. Under the said two documents the consignor instructed the mill company to arrange to take delivery of the cotton bales and pay the lorry charges of Rs. 3250 to the driver of each veh...
1[ds]4. From the facts stated in the above complaint it becomes clear that the consignor alone had approached the bank at Guntur and had obtained the aforesaid amount on the basis of the two lorry receipts evidencing the dispatch of 50 bales of cotton under each receipt to the mill company at Madurai None of the petiti...
1
1,536
1,131
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: of business and took possession thereof as per the instructions contained in the consignors notes Annexures C and...
Varunarjun Trust Vs. Union Of India
such an institute will not be considered for issue of renewal of permission in that Academic Year and further such ain institute will not be considered for processing applications for Postgraduate courses in that Academic Year and will be issued show cause notices as to why the recommendations for withdrawal of recogni...
1[ds]12. We must first answer the submission of the petitioners that the satisfaction recorded by the OC whilst accepting the explanation offered by the petitioners was binding on the Central Government. We do not agree with this submission. It is one thing to say that the satisfaction/opinion recorded by the OC consti...
1
6,138
983
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: such an institute will not be considered for issue of renewal of permission in that Academic Year and furthe...
Kunwar Trivikram Narain Singh Vs. State Of Uttar Pradesh And Others
operation of the U. P. Agricultural Income-tax (Amendment) Act. 1956 (U. P. Act No. XIV of 1956).2. The facts are simple and they are as follows: On January 10, 1953, for the assessment year 1952-53, the Additional Collector, Banaras, assesssed the appellant to agricultural income-tax under the U. P. Agricultural Incom...
1[ds]7.A combined reading of the said provisions establishes that if an application for review was filed within the time prescribed, the previous proceedings would be restored and the parties would be relegated to the position which they had occupied before the proceedings were quashed on the ground of want of jurisdic...
1
1,161
358
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: operation of the U. P. Agricultural Income-tax (Amendment) Act. 1956 (U. P. Act No. XIV of 1956).2. The facts are...
Commissioner Of Income-Tax, Culcutta Vs. Keshavlal Lallubhai Patel
used in the technical sense or in the popular sense? And, secondly, what is comprehended in the word indirectly?9. Some assistance is derived in ascertaining the meaning of the word transfer by looking at the language of S. 16 (1)(c). In that clause, the legislature uses the words settlement, disposition and transfer, ...
0[ds]9. Some assistance is derived in ascertaining the meaning of the word transfer by looking at the language of S. 16 (1)(c). In that clause, the legislature uses the words settlement, disposition and transfer, and in the expression settlement or disposition is included any disposition, trust, covenant, agreement or ...
0
2,198
738
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: used in the technical sense or in the popular sense? And, secondly, what is comprehended in the w...
Travel Food Services Pvt. Ltd. and Ors Vs. Union of India and Ors
the propositions of law laid down therein do not admit of any doubt but what is of importance is that such decisions turned on the facts before the respective Courts. Blind reliance cannot be placed on precedents merely because of some resemblance on the factual score of denial/withdrawal of security clearance being th...
1[ds]11. The respondents primary and only defence centres around security concerns that are likely to affect fight and other operations at the Mumbai International Airport, should the Company be allowed to continue with its business operations. Cases of the present nature where concerns about national interest and secu...
1
3,211
1,696
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the propositions of law laid down therein do not admit of any doubt but what is of importance is that such decisions turned...
THE STATE OF ARUNACHAL PRADESH Vs. RAMCHANDRA RABIDAS @ RATAN RABIDAS
the M.V. Act, as executive authorities cannot take away a beneficial provision under a special law enacted by Parliament (para 14 of the impugned judgment), while on the other hand, it has opined that the M.V. Act is not a complete code in itself, and there is no complete bar to investigate road traffic offences under ...
1[ds]6. In our view there is no conflict between the provisions of the IPC and the MV Act. Both the statutes operate in entirely different spheres. The offences provided under both the statutes are separate and distinct from each other. The penal consequences provided under both the statutes are also independent and di...
1
7,821
1,252
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: the M.V. Act, as executive authorities cannot take away a beneficial provision under a special law enacted ...
Ranjit Chandra Chowdhury Vs. Mohitosh Mukherjee
rate of nine and three-eights per centum per annum from the day when the rents became arrears up to such date, together with the amount of such cost of the suit as is fairly allowable to the plaintiff-landlord and shall make an order on the tenant for paying the aggregate of the amounts (specifying in the order such ag...
0[ds]Under Section l13 of the Transfer of Property Act a notice is waived, by an act on the part of the person giving it showing an intention to treat the lease as subsisting, provided there is the express or implied consent of the person to whom it is given. Here the difficulty is sloved by the attitude the tenant too...
0
2,178
512
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: rate of nine and three-eights per centum per annum from the day when the rents became arrears up to such date, together wi...
District Council Of United Khasi & Jaintia Hills& Ors. Etc Vs. Miss Sitimon Sawian Etc
plains, than the construction which would extend the District Councils power of making laws to the transfer of land. The report of the Sub-Committee referred to earlier clearly supports this construction. The passages from the report to which our attention has been drawn do not show that power to make laws for transfer...
0[ds]It therefore seems to us to be quite clear that the framers of the Constitution wanted to confine the power of the District Councils to make laws under Para 3 (1) (a) to the distribution or setting apart, of the land mentioned therein only for the purposes of occupation or use as expressly stated therein, without ...
0
4,181
821
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: plains, than the construction which would extend the District Councils power of making laws to the transfer of lan...
The Premier Automobiles Ltd Vs. S.N. Shrivastava & Anr
that the previous year should have come to an end before liability can arise. The previous year of an assessee may in some cases end after the commencement but before the end of a financial year in which advance-tax is payable:"it may in other cases commence and end with the financial year. But the liability to pay adv...
0[ds]The tax, it must be remembered, is assessed on the agent for and on behalf of the principal, and the Act as made an express provision enabling the agent to recover from the principal the tax so paid by him. Once the Income-tax Officer treats a person as an agent of non-resident, liability to pay tax on regular ass...
0
2,512
657
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: that the previous year should have come to an end before liability can arise. The previous year of an assessee may in some...
Centre For Pil Vs. Union Of India
that one must give a purposive interpretation to the scheme of the Act. It was submitted that under Section 9 it has been inter alia stated that all business of the Commission shall, as far as possible, be transacted unanimously. It was submitted that since in Vineet Narains case (supra) this Court had observed that CV...
1[ds]the registration of the FIR against the appellants and others cannot be held to be the result of mala fides or actuated by extraneous considerations. The menace of corruption cannot be permitted to be hidden under the carpet of the legal technicalities...".The Government Order granting sanction (Annexure R-I in th...
1
14,577
2,058
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: that one must give a purposive interpretation to the scheme of the Act. It was submitted that under Section 9 it has been in...
Dr. P. Nalla Thampy Thera Vs. B.L. Shanker & Others
by any respondent.21. This Court in Dhoom Singh v. Prakash Chandra Sethi ((1975) 3 SCR 595 , 599 : (1975) 1 SCC 597 , 601-02 : AIR 1975 SC 1012 ), held : (SCC pp. 601-02, paras 9, 10)The Legislature in its wisdom has chosen to make special provisions for the continuance of the election petition only in case of its with...
0[ds]16. There is no support in the statute for the contention of the appellant that an election petition cannot be dismissed for default. The appellant contended that default of appearance or non-prosecution of the election petition must be treated as on par with withdrawal or abatement and, therefore, though there is...
0
7,491
1,176
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: by any respondent.21. This Court in Dhoom Singh v. Prakash Chandra Sethi ((1975) 3 SCR 595 , 599 : (1975) 1 SCC 597 , 601-...
Tulip Star Hotels Ltd Vs. Special Director Of Enforcement
to the case of present nature, it can only be said that if such transaction had taken place as between the Appellants and the purchaser M/s Hotel Zam Zam, it should have been carried on only through their respective authorized representatives. The statement of Mr. Peter Kerkar, the Appellant in SLP (C) No.7657 of 2011,...
1[ds]21. Therefore, in the impugned orders of the Original Authority, as well as the Tribunal and the Division Bench, the sale effected by the Appellants on a rate higher than the rate prevailing in the market was not the basis for the alleged violation of paragraph 3 of the FLM read with Sections 6(4), 6(5) and 7 of F...
1
4,097
182
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: to the case of present nature, it can only be said that if such transaction had taken place as between the Appellants and th...
M/S. Ramnarain Sons (Pr.) Ltd Vs. Commissioner Of Income Tax, Bombay
Dawn Mills were not the stock-in-trade of the appellants and that those shares were purchased by the appellants with the object of acquiring the managing agency. The High Court, however, held that the shares acquired by the appellants formed a capital assets and the loss suffered by sale of 400 out of those shares in t...
0[ds]5. The High Court agreed with the opinion of the Tribunal that the shares of the Dawn Mills were not the stock-in-trade of the appellants and that those shares were purchased by the appellants with the object of acquiring the managing agency. The High Court, however, held that the shares acquired by the appellants...
0
2,052
705
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: Dawn Mills were not the stock-in-trade of the appellants and that those shares were purchased by the appell...
Gurdial Singh Vs. State of Punjab
along with four others for offence punishable under sections 147, 148, 149, 302/149 I.P.C. and 27 of the Arms Act. The trial court acquitted all of them. The State preferred an appeal against the order of acquittal. The Division Bench of the Punjab and Haryana High Court, which confirming the acquittal of A-2 to A-5, c...
1[ds]The trial court in this context also considered the size of the injury and in the manner in which it could have been inflicted and found that the version given by Hari Singh (P.W. 10) at the scene of occurence. Now, coming to P.W. 11, his presence at the scene of occurence, viz., at the house of the deceased is no...
1
1,232
289
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: along with four others for offence punishable under sections 147, 148, 149, 302/149 I.P.C. and 27 of the Arms...
Adnan Abu Athar Bakshi & Others Vs. The State of Maharashtra & Another
NareshH. Patil, J.Heard finally, by consent of the learned counsel appearing for the respective parties.2. The Application is moved for final disposal by the learned counsel appearing for the parties, as the parties have settled the dispute amicably. Consent Terms are filed on record. Both the parties are before the Co...
1[ds]6. We find from the material placed on record and submissions advanced before us, that the complaint was theof money transactions between the parties. The complaint was filed out of civil dispute between the parties and breach ofin the facts and circumstances and considering the Consent Terms filed on record, we f...
1
682
93
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: NareshH. Patil, J.Heard finally, by consent of the learned counsel appearing for the respective parties.2. The Ap...
The Municipal Committee, Raipur Vs. Phoolchand And Others
Judge, it does appear that the constitutional question was urged before him.Against this order, a Letters Patent Appeal was filed, and the Divisional Bench, which heard the appeal, held, disagreeing with the learned single Judge, that duty was properly leviable only under item 4. Before the Divisional Bench also, it do...
1[ds]In our opinion, the Divisional Bench of the High Court was right when it said that the specific mention elsewhere must be as oil seeds and not as something else. Class V deals with spices and groceries and the concluding words of item 44 known as "kirana" determine the ambit of that item. Though sarso might be men...
1
1,495
272
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: Judge, it does appear that the constitutional question was urged before him.Against this order, a Letters Patent ...
UNION OF INDIA & ORS Vs. AGRICAS LLP & ORS
WTO member countries, yet safeguard measures in the form of Quantitative Restrictions are not provided for under any Indian law. This is in accordance with the provision to incorporate safeguard measures in the form of Quantitative Restrictions, as provided in Article XIX of GATT and the WTO Agreement on Safeguards. Se...
0[ds]15. At the outset, we must record that the importers, and in our opinion rightly, have not raised the contention that the DGFT could not have notified the impugned notifications. The notifications themselves record that they were published by the Ministry of Commerce and Industry, Department of Commerce, Directora...
0
21,863
6,512
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: WTO member countries, yet safeguard measures in the form of Quantitative Restrictions are not provided for under any Indian ...
Swarn Lata Vs. Union of India & Others
Secretary to the Govern­ment of Haryana, Industrial Training Department.62. Dr. A.C. Mathai, Under Secretary, Union Public Service Com­mission has on affidavit stated that the Commission relaxed some of the essential qualifications after applying its own mind, uninfluenced by any ex­traneous considerations, and denied,...
0[ds]33. There is no warrant for the contention that the power of the Chandigarh Administration in relation to the mode of filling up the post in question, which admittedly is under the control of the Administrator,Administration, stands circumscribed by the terms of the directions issued by the Central Government unde...
0
12,433
3,471
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: Secretary to the Govern­ment of Haryana, Industrial Training Department.62. Dr. A.C. Mathai, Under Secretary, Union Public S...
Union of India and Anr Vs. Ms. A. Shainamol, IAS and Anr
High Court on the plea that a part of the cause of action had arisen within its territorial jurisdiction. According to NICCO, it became aware of the contract proposed to be given by ONGC on reading the advertisement which appeared in the Times of India at Calcutta. In response thereto, it submitted its bid or tender fr...
1[ds]7. We find that the High Court has completely misread the statutory rules and the policy of allocation of cadre which would be discussed hereinafter.The said argument is however untenable. The applicant was allocated to the State of Himachal Pradesh and there was a consent duly given by the State of Himachal Prade...
1
10,259
3,883
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: High Court on the plea that a part of the cause of action had arisen within its territorial jurisdiction. Accordi...
Union of India and Others Vs. Atic Industries Limited
of them must have a direct or indirect interest in the business of the other. The equality and degree of interest which each has in the business of the other may be different; the interest of one in the business of the other may be direct, while the interest of the latter in the business of the former may be indirect. ...
0[ds]What the first part of the definition requires is that the person who is sought to be branded as a "related person" must be a person who is so associated with the assessee that they have interest, directly or indirectly, in the business of each other. It is not enough that the assessee has an interest, direct, or ...
0
3,359
1,228
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: of them must have a direct or indirect interest in the business of the other. The equality and degree of interest which ea...
Jonas Woodhead & Sons Ltd., Madras Vs. Commissioner of Income Tax., Madras
in facilitating the assessees trading operations or enabling the management and conduct of the assessees business to be carried on more efficiently or more profitably while leaving the fixed capital untouched, the expenditure would be on revenue account, even though the advantage may endure for an indefinite future. Th...
0[ds]It would thus appear that the courts have applied different tests like starting of a new business on the basis of technical know-how received from the foreign-firm, exclusive right of the company to use the patent or trademark which it receives from the foreign firm, the payments made by the company to the foreign...
0
4,007
397
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: in facilitating the assessees trading operations or enabling the management and conduct of the assess...
P.G.F. Limited and Ors Vs. Union of India and Anr
read along with Section 11AA (ii) of the SEBI Act and consequently the order of the second respondent dated 06.12.2002 is perfectly justified and there is no scope to interfere with the same. In the light of our above conclusions, the PGF Limited has to comply with the directions contained in last paragraph of the orde...
0[ds]25. With the above prelude to the nature of litigation launched by the appellants in the High Court and pursuing the same in this Court, when we consider the submission of the appellants, we find that the submission was fivefold. According to the appellants while the appellants as a company provided in the Memoran...
0
14,331
1,345
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: read along with Section 11AA (ii) of the SEBI Act and consequently the order of the second respondent dated 06.12.2002 is ...
Swami Saran Saksena Vs. State of Uttar Pradesh
against the order of the Allahabad High Court dismissing his writ petition challenging an order of compulsory retirement. 2. The appellant was appointed by the Government of Uttar Pradesh in November, 1954 as a temporary judicial officer. The State Government terminated his services in December, 1962 but, on representa...
1[ds]The contention which has found favour with us is that on a perusal of the material on the record and having regard to the entries in the personal file and character roll of the appellant, it is not possible reasonably to come to the conclusion that the compulsory retirement of the appellant was called for. This co...
1
1,095
396
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: against the order of the Allahabad High Court dismissing his writ petition challenging an order of compulsory retirement. ...
Dhannalal Vs. Kalawatibai
claim for eviction is filed by a landlord, or a co-landlord, belonging to any one of the five categories defined in Section 23-J of the Act, as the sole applicant without objection by other co-landlords who have not joined as co-applicants and the nature of claim for eviction is covered by Section 23-A(b) of the Act, t...
0[ds]Though the requirement pleaded is of all the landlords, i.e. the widow as also the other twoit is only the widow who can take advantage of the special procedure for eviction but the others two, who actually require the premises for theiruse, should have gone to Civil Court and cannot, under the law, have recourse ...
0
7,415
2,824
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: claim for eviction is filed by a landlord, or a co-landlord, belonging to any one of the five categories defined in Section...
Britannia Industries Ltd Vs. Commnr. Of Income Tax
of Section 37(4) of the Act. 21. Dr. Pal submitted that apart from the said two decisions of the Calcutta High Court, the uniform decision of most of the High Courts appears to be that since the expenditure incurred for rents, rates, taxes, repairs and insurance of buildings and premises and furniture used for the purp...
0[ds]4. Sections 31 and 32 deal with the amounts which are allowable in respect of repairs and insurance of machinery, plant and furniture used for the purposes of the business or profession and in respect of depreciation of buildings, machinery, plant or furniture, being tangible assets along with other intangible ass...
0
5,256
628
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: of Section 37(4) of the Act. 21. Dr. Pal submitted that apart from the said two decisions of the Calcutta High Court, the un...
THE BRANCH MANAGER INDIGO AIRLINES KOLKATA Vs. KALPANA RANI DEBBARMA
The question of due care by the ground-staff of the appellant-Airlines would arise when the passengers are physically under their complete control as it had happened in the case of N. Satchidanand (supra). That is possible after the passengers have boarded the aircraft or may be in a given case at the operational stage...
0[ds]11. The present appeals emanate from the complaint filed before the consumer fora. While dealing with such a complaint, the jurisdiction or the nature of enquiry to be undertaken by the consumer fora is limited to the factum of deficiency in service and to award compensation only if that fact is substantiated by t...
0
9,257
3,393
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: The question of due care by the ground-staff of the appellant-Airlines would arise when the passe...
Associated Hotels of India Limited Vs. R.N. Kapoor
. .. . ... .... ... .... .... .... .... ..... but does not include a room in a dharmashala, hotel or lodging house."What is the construction of the words "a room in a hotel"? The object of the Act as disclosed in the preamble is "to provide for the control of rents and evictions, and for the lease to Government of prem...
1[ds]15. The learned Rent Controller took the view that a room in an hotel would be a room normally used for purposes of lodging and not any room in an hotel. He took this view because he thought that if, for example, there was a three storeyed building, the ground floor of which was used for shops and the two upper fl...
1
7,770
1,509
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: . .. . ... .... ... .... .... .... .... ..... but does not include a room in a dharmashala, hotel or lodging...
Indian Express Newspapers (P) Ltd. Etc. Etc Vs. Union Of India And Others Etc. Etc
at Madurai and another at Hyderabad. The gross revenue of all the units was Rs 7918.18 crores. They are all consigned to Class I, although their main unit at Bombay and their unit at Madurai belong to Class II and their subsidiary unit at Bombay and their unit at Hyderabad belong to Classes IV and V respectively. It is...
1[ds]This has manifestly resulted in the weaker units of the newspaper establishments belonging to the said classes being ranked with the highest in the same class, thus, crippling the weaker units with the heavy unbearable financial burden and forcing them to close. Such classification directly offends the petitioners...
1
5,681
1,258
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: at Madurai and another at Hyderabad. The gross revenue of all the units was Rs 7918.18 crores. They are all consigned to Cla...
GURSHINDER SINGH Vs. SRIRAM GENERAL INSURANCE CO. LTD
be given in writing to the company immediately upon the occurrence of any accidental loss or damage. It further provides, that in the event of any claim and thereafter, the insured shall give all such information and assistance as the company shall require. It provides, that every letter claim writ summons and/or proce...
1[ds]10. We are of the view that much would depend upon the words co-operate and immediate, in condition No. 1 of the Standard Form for Commercial Vehicles Package Policy11. A perusal of the aforesaid shows that this contract is to be interpreted according to the context involved in the contract. The contract we are in...
1
3,124
1,301
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: be given in writing to the company immediately upon the occurrence of any accidental loss or damage. It further pr...
State Of West Bengal And Ors Vs. R.K.B.K. Ltd.
Division Bench has found support from Rani Sati Kerosene Supply Company and Others (supra) wherein it has been held that if an order is communicated after 30 days, an order of cancellation can easily be frustrated and, therefore, the phrase by an order in writing to be made appearing in proviso to Paragraph 9 of the Co...
1[ds]18. On a reading of that paragraph it is clear that power conferred on the Director and the District Magistrate are different, for the Director is a higher authority and the rule clothes him with more authority. Needless to say, the said paragraph has to be read in juxtaposition with other paragraphs. It is clear ...
1
8,785
1,299
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: Division Bench has found support from Rani Sati Kerosene Supply Company and Others (supra) wherein it has been held that i...
MARVEL OMEGA BUILDERS PVT. LTD. AND ANR Vs. SHRIHARI GOKHALE AND ANR
Uday Umesh Lalit, J. 1. These Appeals under Section 23 of the Consumer Protection Act, 1986 are directed against (i) the judgment and final order dated 31.05.2018 passed in Consumer Case No.2010 of 2016 and (ii) the order dated 05.09.2018 passed in Miscellaneous Application No.578 of 2018 by the Commission . 2. The Res...
0[ds]10. The facts on record clearly indicate that as against the total consideration of Rs.8.31 crores, the Respondents had paid Rs.8.14 crores by November, 2013. Though the Appellants had undertaken to complete the villa by 31.12.2014, they failed to discharge the obligation. As late as on 28.05.2014, the Revised Con...
0
1,039
187
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: Uday Umesh Lalit, J. 1. These Appeals under Section 23 of the Consumer Protection Act, 1986 are directed against (...
Kalooram Govindram Vs. Commissioner Of Incometax, Madhya Pradesh
ignore the valuation placed by the parties in the deed of partition in ascertaining the true value for the purpose of such computation. 18. Death or birth of coparceners does not alter the identity of the Hindu undivided family which utilizes as asset for earning income or profit. Death of a coparcener merely extinguis...
1[ds]6. Analogy drawn from comparable cases may also throw some light on the question. In the case of an assessee acquiring a property by purchase, gift, bequest or succession, courts have held that the cost of the property to the assessee was not the original cost of it to his predecessor but its actual cost to him at...
1
6,505
639
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: ignore the valuation placed by the parties in the deed of partition in ascertaining the true value for the...
Chief Justice of Andhra Pradesh and Ors Vs. L.V.A. Dixitulu and Ors
what consequences will flow if we give this general, undefined and flexible phrase, "Civil services of the State" in Article 371-D (3), the wider construction so as to include in it the High Court staff and the members of the subordinate judiciary. The inevitable result of such an extensive construction will be that th...
1[ds]In the context of Art. 229, read as a whole this power is of wide amplitude. The word "appointment" in Article 229 (1) is to be construed according to the axiom that the greater includes the less. This cardinal canon of interpretation underlies Sec. 16 of the General Clauses Act which has been made applicable by A...
1
12,517
3,181
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: what consequences will flow if we give this general, undefined and flexible phrase, "Civil servic...
SANJAY JAIN Vs. NATIONAL AVIATION CO. OF INDIA LTD
the employer and the employee is one governed by a contract of employment. Since FR 56 is a statutory condition of service which operates in law, without reference to a contract of employment, there is nothing inconsistent between Rule 119 and FR 56. 16. The appellant has voluntarily retired by giving three months noti...
1[ds]9. It is apparent from a bare reading of the provisions contained in Standing Order 18 that workman has a right to resign from the services by giving a notice of the period as prescribed under Standing Order 17 which provides termination of services by serving 30 days notice upon a permanent workmen and seven days...
1
4,403
764
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the employer and the employee is one governed by a contract of employment. Since FR 56 is a statutory condition of service ...
Surinder Pal Soni Vs. Sohan Lal (D) Thru LR & Ors
the decree for specific performance, the contract between the parties is not extinguished. To put it clearly the decree for specific performance is in the nature of a preliminary decree and the suit is deemed to be pending even after the decree 22. Sub-section (1) of Section 28 makes it clear that the court does not lo...
1[ds]13. Upon the decision of the Appellate Court, there was a merger of the judgment of the Trial Court with the decision which was rendered in appeal. Consequent upon the passing of the decree of an Appellate Court, the decree of the Trial Court merges with that of the Appellate Court. The doctrine of merger is found...
1
4,476
872
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: the decree for specific performance, the contract between the parties is not extinguished. To put it clearly...
Railway Board Vs. A. Pitchumani
that under cl. (b) of rule 2046, as introduced on January 11, 1967, the original employees of the Indian Railway Administration, as well as persons, like the respondent, who came into the Indian Railway Administration in 1947, were both entitled, as of right, to continue in service till they attained the age of 60 year...
0[ds]19. It is in view of the above principles laid down by this Court, we have observed, earlier that Mr. Setalvads contention in respect of the vads contention in respect of the rule 2046, as it originally stood, is well founded. But this Court in the above decision, had no occasion to consider the problem that how a...
0
5,814
2,428
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: that under cl. (b) of rule 2046, as introduced on January 11, 1967, the original employees of the...
Pramod Jain Vs. Sebi
has found that permitting the respondent to withdraw the public offer would be detrimental to the overall interest of the shareholders. The only reason put forward by the respondent for withdrawal of the offer is that it is no longer economically viable to continue with the offer. Mr Nariman has referred to a tabular s...
0[ds]26. Applying the decisions of this Court to the facts of the present case, we are in agreement with the finding recorded by the SAT that there was undue delay on the part of the SEBI in dealing with the DLO. No doubt, in a given case timeline prescribed under the Regulations may not be adhered to when the SEBI jus...
0
10,014
736
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: has found that permitting the respondent to withdraw the public offer would be detrimental to the overall interest of the s...
Banamali Das Vs. Rajendra Chandra Mardaraj Harichandan & Ors
instead of 86; respondent No. 2 - 360 votes instead of 304; respondent No. 3 - 19 votes instead of 7; respondent No. 4 - 74 votes instead of 15, and respondent No. 5-225 votes instead of 524. In short, whereas the appellant had truly secured 21 votes only in the second round of counting on Table No.13, the Final Result...
0[ds]5. Issues Nos. 6 to 8 are the ones with which alone we are concerned in this appeal and those issues arise out of the contentions in regard to the entries made by the Returning Officer in Form No. 20. The ninth issue is consequential.In order to avoid errors in counting of votes, the Election Commission has compil...
0
2,995
1,354
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: instead of 86; respondent No. 2 - 360 votes instead of 304; respondent No. 3 - 19 votes instead of 7; respondent No. 4 - ...
Bai Malimabu and Others Vs. State of Gujarat and Others
to the parties interested. There is no such requirement in the said rule. It merely pre-supposes that the Collector has issued notices to the parties interested under Section 4(1). The requirement of the section is giving of a general notice and by two methods (1) by the publication of the notification in the Official ...
0[ds]10. The High Court has considered the statements in the writ petitions and the counters filed on behalf of the Government. It has come to the conclusion that the land was not being used as a burial ground. We find no sufficient ground to induce us to take a view different from the one taken by the High Court. Acco...
0
2,349
655
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: to the parties interested. There is no such requirement in the said rule. It merely pre-supposes that the C...
MITTAL PIPES MANUFACTURING CO Vs. COMMISSIONER OF CENTRAL EXCISE, NEW DELHI
1. This order shall dispose of the aforesaid Civil Appeals as they have been filed by the company or its partners and the points involve are the same. For the sake of brevity, facts are taken from Civil Appeal No.4355 of 2002. Facts: 2. Appellant received supply order from 203 Engineer Regiment vide supply order dated ...
0[ds]That Mr. D.K. Mittal, partner of the company in his statement had admitted that the firm received the orders from the defence authorities for complete pre- fabricated buildings. This finding is a finding of fact which does not call for any interference. Tribunal has also recorded a finding that there was no violat...
0
780
159
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: 1. This order shall dispose of the aforesaid Civil Appeals as they have been filed by the company or ...